The Blacklist System

Name: The Blacklist System
ISBN: 9787509397787

赵旭东China Legal Publishing House · ChinaMay 2022

3.6

Word count: 306K words
Chapters: 46
ISBN: 9787509397787

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Summary

Blacklisting has emerged and developed in China in recent years as a new type of administrative regulation and industry management system. It generally refers to a publicly disclosed directory formed by the government or industry associations after collecting information on market entities that have seriously violated laws and lost credit. Starting from an overview of the blacklisting system, its functions and significance, this book introduces the development, current situation and problems of China's blacklisting system, the practice and experience of blacklisting systems outside China, and puts forward legislative suggestions for the institutional design of China's blacklisting system.

Editor's review

As a monograph focused on the construction of China's social credit system, Blacklisting provides readers with a systematic knowledge framework for understanding this system, which is distinctive to China and far-reaching in impact. The value of this book lies in the fact that it is not a simple compilation of legal provisions or policy interpretation, but rather a deeply scholarly analysis conducted from multiple dimensions, including legal foundations, institutional design, implementation mechanisms and social effects. Drawing on his solid legal training and keen observation of social governance, Professor Zhao Xudong examines the seemingly specific administrative tool of the "blacklist" against the grand backdrop of modernizing national governance and building a social credit system. The book not only reviews the application of the blacklisting system in different fields (such as finance, market regulation and judicial enforcement), but also explores in depth core legal issues behind it, including the boundaries of power, procedural justice, rights remedies and its linkage with other punitive measures. For readers concerned with China's rule-of-law process, public policy or social governance, this book offers a rational perspective for understanding Chinese-style "credit regulation," helping them move beyond a simple good/bad binary evaluation and recognize the complexity and art of balance in institutional design. Its content combines academic rigor with practical relevance, making it an important text for an in-depth understanding of a key governance technique in contemporary China.

Who it's for

A good fit for

Researchers and students interested in contemporary Chinese law and public policy, especially the construction of the social credit system
Practitioners engaged in market regulation, financial risk control, integrity system development and related fields
Observers seeking to understand the logic and transformation of China's social governance from an institutional perspective
Upper-level undergraduates and graduate students in law, public administration, sociology and related disciplines, as supplementary reading

Not a good fit for

Readers seeking only light entertainment or fiction
Pragmatists expecting a simple "how-to guide" or "loophole guide"; the book focuses on theoretical and institutional analysis

Reading tips

Read the preface and first chapter first to grasp the book's core questions and theoretical framework, then choose specific field chapters for deeper reading according to interest
While reading, compare the discussion with recent news reports or policy documents that mention cases such as "persons subject to enforcement for dishonesty" and "key regulatory lists"
Readers unfamiliar with legal terminology or institutional background may consult basic law or administrative law textbooks to better understand some professional discussions

About the publisher

China Legal Publishing House China · Founded in 1989

China Legal Publishing House is a legal publisher overseen and sponsored by the Ministry of Justice, with the publication of standard texts of national laws and regulations as an important focus; its catalogue already contains 2,972 titles. Its publications cover fields such as criminal law, civil law, contract law, company law, real estate law and the security system, including article-by-article commentaries such as the Interpretation of the Contract Part of the Civil Code of the People's Republic of China, adjudication rules and case compilations oriented toward judicial practice such as Understanding and Applying Adjudication Rules in Contract Disputes and A Compendium of Court Views on Real Estate Cases, as well as legal classics such as On Crimes and Punishments and academic works such as The Theory of Procedural Sanctions. In terms of author resources, the publisher brings together classic legal authors such as Cesare Beccaria, scholars and practitioners such as Liu Junhai, Long Weiqiu and Zhu Shuying, and cooperates with institutions including the National Judges College and the Judicial Case Research Institute of the Supreme People's Court. Its publishing character lies in linking legal texts, scholarly interpretation and judicial application, balancing authoritative norms with practical guidance.

版权信息
前言
第一章黑名单制度概述
一、黑名单的制度起源
二、境外国家黑名单制度的主要立法例
三、我国目前实践中的黑名单制度
四、黑名单概念的界定
五、黑名单的法律性质
六、黑名单制度的法律依据
七、黑名单的类型
八、黑名单制度与其他相关制度的关系
九、黑名单制度理论和立法研究的意义和作用
十、小结
第二章黑名单制度的作用与意义
一、社会信用体系建设与黑名单制度
二、黑名单制度与行政监管形式创新
三、黑名单制度是交易安全的重要条件和保障
第三章我国黑名单制度的发展、现状及问题
一、我国黑名单制度的发展脉络
二、我国黑名单制度的发展现状
三、我国黑名单制度存在的问题
第四章境外黑名单制度的实践与经验
第一节境外制度概况
第二节境外具体立法实践与制度经验
第三节结论
第五章黑名单制度的立法目标与基本原则
一、黑名单制度的立法目标
二、黑名单制度立法的基本原则
第六章我国黑名单的制度设计与立法建议
第一节黑名单的管理体制
第二节黑名单的设定制度
第三节黑名单的列入条件
第四节黑名单的列入程序
第五节黑名单的分级制度
第六节黑名单的公示方式和公示内容
第七节黑名单的公示期限
第八节黑名单的移出制度
第九节黑名单历史信息查询制度
第十节黑名单的法律效力和法律后果
第十一节信息交换共享机制与失信联合惩戒机制
第十二节黑名单的异议与救济
附件：黑名单制度文件选辑
一、国务院相关文件
二、部门黑名单规定
三、地方黑名单规定
四、境外黑名单规定

FAQ

Is this book mainly about the "list of persons subject to enforcement for dishonesty"?

Not entirely. The "blacklisting system" in this book is a broader concept that covers list-based management systems at multiple levels and in multiple fields of social credit system construction, including but not limited to the list of persons subject to enforcement for dishonesty. The book systematically analyzes the establishment basis, operating mechanisms and interrelationships of various lists (such as those for market regulation, finance and industry self-regulation).

Does the book support or criticize the blacklisting system?

The author adopts a relatively objective and rational scholarly stance. The book aims to systematically explain the legal foundations, design logic and practical effectiveness of the blacklisting system, while also carefully examining its possible legal risks, overreach of power and impact on individual rights. It focuses more on providing an in-depth framework for understanding and analysis than on simple value judgments.

How difficult is the book? Does it require a strong professional background?

This is a scholarly monograph with a certain theoretical depth and professionalism, involving knowledge of law and public policy. Readers with no relevant background may find a certain threshold. However, the author's discussion is clear and well structured, and readers with some general social science knowledge or a strong interest in the subject can grasp its main content and arguments through patient reading.

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About the author

赵旭东 Author

Public information about Zhao Xudong is limited, and the available details are not enough to give a full picture of his life and background. The sixteen works held in the collection, however, show that his writing and editing span culture, medicine, social science, applied psychology, and law, suggesting a broad intellectual range. Representative works include The Gift, Guanxi, and the State: Constructing Chinese Interpersonal Relations and Subjectivity; Power and Its Disguises (new edition); Between the Native and the Foreign: The Self, Culture, and the Other in Anthropological Research; Psychosomatic Medicine; Psychotherapy; China's Tax Legal System; China's Foreign Trade Legal System; and A Comprehensive Guide to the Application of Law under the Belt and Road Initiative. His works range from theoretical discussions in anthropology and sociology to practical medical and legal readers, covering a wide range of subjects with clear problem awareness. They are suitable for readers interested in interpersonal relations, cultural comparison, and institutional practice.